STATE OF RAJASTHAN Vs. SHIVJI @ SHIV RAM

JUDGEMENT

(1.) Instant criminal appeal has been filed by the State of Rajasthan assailing the validity and correctness of the judgment dt. 2/11/1991 passed by learned Sessions Judge, Jodhpur in Sessions Case No. 41/89 whereby, the learned trial Court acquitted the respondent for offence under Sec. 302 IPC.

(2.) The prosecution case emanates from the parcha bayan (Ex.P./9), on the basis of which, an F.I.R was registered. Two dying declarations were made by Smt. Veena (Beena), the first was Ex.P./9 recorded by PW-10 Ratan Singh who is the Assistant Sub-Inspector of Police at 5.40 P.M. on 30/11/1988 and the second was Ex.P./12 recorded by PW-13 Sh. Sunder Lal Batra, ACJM No.1, Jodhpur at 6.35/6/45 P.M. on 30/11/1988 at Mahatma Gandhi Hospital, Jodhpur. In the dying declaration recorded by Ratan Singh, Smt. Veena has stated that she got married to the respondent Shivji @ Shiv Ram Harijan resident of Harijan Basti, Ghoro Ka Chowk. From the said wedlock, a son was born but he could not survive and died immediately after his birth. The relationship between the husband and wife were strained from last three months. Her husband is having illicit relationship with another woman, namely, Baby. Today, when she went to her matrimonial home at around 12 noon, her husband was alone and he told her that they will go to watch a movie. At around 2 P.M. she and her husband went from Ghoro Ka Chowk for watching movie. Her husband was having a small container in his hand. When they reached at Baiji Ka Talab, they sat on the embankment of the pond. Her husband poured a chemical from the container which was brought by him on her head and face, due to which she felt burning sensation in her body. Her husband ran away from the spot. She went to her sister's house at Ghoro Ka Chowk from where she was taken to the hospital. She was being harassed by her in-laws and was not given anything to eat. She went to her house on having been called by her husband as informed by the residents of her mohalla. Her husband was working in the railway. Her husband has poured acid to kill her. Almost on the same lines, the second dying declaration was recorded by PW.13 ACJM No.1, Jodhpur. It will be worth to reproduce both the dying declarations (Ex.P/9 and Ex.P/12) in the vernacular to better appreciate the controversy at hand. The same reads as under:-

(3.) After investigation, the police filed a challan for the offence under Sec. 302 IPC against the respondent Shivji.